ALABAMA WORKERS COMPENSATION LAWS

• Article 1.
• Definitions.
• Powers and duties of Director of Industrial Relations with respect to administration of chapter generally; “director” defined.
• Director to prepare and distribute forms, etc.
• Reports and records of injuries for which compensation claimed.
• Reports of settlements.
• Circuit court clerks to report disposition of cases.
• Supplementary reports as to initiation, cessation, etc., of compensation payments.
• Employers’ options to secure payment of compensation.
• Pooling of employers’ liabilities for qualification as self-insurers.
• Liabilities of persons engaged in schemes, etc., to avoid liability to workers.
• Actions against third parties jointly liable with employers for injuries or death; actions for injury or death resulting from willful conduct; attorney’s fees in settlements with third parties.
• Employee not to be terminated solely for action to recover benefits nor for filing notice of safety rule violation.
• Chief Justice of Supreme Court to prepare uniform rules for circuit courts.
• Applicability of chapter.
• Legislative findings and intent as to actions filed by injured employee against officers, etc., of same employer.
• Safety committee.
• State safety program; legislative intent; creation.
• Severability.
• Article 2 Compensation by Civil Action.
• Applicability of article; article deemed extension or modification of common law.
• Right of action for damages for injuries or death of employee.
• Excluded defenses.
• Applicability of Sections 25-5-31 and 25-5-32 to other claims for personal injury or death.
• Applicability of this article and Article 3 of chapter to minors; double compensation when minor illegally employed.
• Recovery where accident occurs outside state; effect of compensation under law of another state, etc., upon compensation under this article and Article 3 of chapter, etc.; recovery under this article and Article 3 of chapter for accident occurring within state where employment principally localized outside state.
• Burden of proof as to misconduct of employee.
• Article 3 Elective Compensation Under Contract of Employment.
• Articles not applicable to certain employers; exemption for corporate officers and independent contractors; coverage for school boards and volunteer fire departments and rescue squads; licensed real estate agent and product demonstrator not employee.
• Right to compensation for injuries or death; grounds for denial of compensation.
• Manner of compensation, etc., provided by chapter exclusive.
• Rights and remedies of employees, etc., exclusive; civil and criminal liability of employers, etc.
• Presumptions as to applicability and acceptance of provisions of articles.
• Rights and powers of minors under article generally; effect of payment of awards to minors.
• Settlements between parties.
• Compensation for disability.
• Effect of preexisting injuries or infirmities.
• Waiting period for compensation; penalty for overdue compensation payments.
• Compensation for death.
• Persons presumed wholly dependent.
• Total dependents — Designated; order of compensation.
• Total dependents — Maximum compensation.
• Partial dependents.
• Compensation of orphans or other children.
• Disposition of compensation upon remarriage of widow of employee who has another dependent.
• Burial expenses.
• Maximum and minimum weekly compensation.
• Compensation to cease upon death or marriage of dependent; proportional benefits for dependents.
• Liability of joint employers.
• Expenses of medical and surgical treatment, vocational rehabilitation, medicine, etc.; medical examinations; review by ombudsman of medical services.
• Written notice to employer of accident — Required.
• Written notice to employer of accident — Service and contents.
• Limitation period for claims or actions for compensation.
• Determination of disputed compensation claims generally.
• Compensation for death to be paid only to United States residents.
• Commutation of compensation to lump sum payments.
• Modification of payments.
• Procedure for and effect of payment of compensation to court appointed trustee.
• Remedy for default upon periodic compensation payments; exemption of compensation claims, etc., from garnishment, etc.
• Preference of right to compensation, etc.
• Proceedings for determination of disputed claims for compensation — Commencement of action, etc.
• Proceedings for determination of disputed claims for compensation — Costs and fees.
• Proceedings for determination of disputed claims for compensation — Attorney’s fees.
• Forwarding of copy of judgment, etc., to probate court; creation of judgment lien.
• Discharge of lien upon judgment payable periodically.
• Judgments discharged and marked satisfied upon proof of release or satisfaction of judgment.
• Article 4 Compensation for Occupational Diseases.
• Definitions.
• Right to compensation for death or disablement.
• Presumptions as to applicability and acceptance of provisions of article.
• Manner of compensation, etc., provided by article exclusive.
• Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc.
• False written representation to employer as to previous compensation for occupational disease.
• Which employer liable for compensation of employee; contribution.
• Limitation period for claims or actions for compensation.
• Rights and remedies as to exposures to hazards of occupational disease occurring prior to September 1, 1971.
• Computation of compensation and benefits payable under article.
• Presumptions and burden of proof as to right to compensation.
• Settlements between parties; determination of disputed compensation claims.
• Applicability of article.
• Applicability of other provisions of chapter to article.
• Article 5 Compensation for Occupational Pneumoconiosis Generally.
• Article 6 Compensation for Pneumoconiosis of Coal Miners.
• Article 7 Compensation for Occupational Exposure to Radiation.
• Definitions.
• Right to compensation for injury or death.
• Presumptions as to applicability and acceptance of provisions of article.
• Manner of compensation, etc., provided by article exclusive.
• Rights and remedies of employees, etc., under article exclusive; civil and criminal liability of employers, etc.
• False written representation to employer as to previous compensation for exposure to radiation.
• Which employer liable for compensation of employee; contribution not required from nonliable employer.
• Limitation period for claims or actions for compensation.
• Rights and remedies as to exposures to hazards of radiation occurring prior to September 7, 1967.
• Computation of compensation and benefits payable under article.
• Presumptions and burden of proof as to right to compensation.
• Settlements between parties; determination of disputed compensation claims.
• Applicability of article.
• Applicability of other provisions of chapter to article.
• Article 8 Offenses and Penalties.
• Solicitation of employment or acceptance of solicited employment by attorneys.
• Solicitation of claims or representation of claimants by persons not authorized to practice law.
• Solicitation or writing of workers’ compensation insurance by insurance companies, etc., not in compliance with Code.
• Acceptance of assignment of employee compensation claim, etc.
• Article 9 Alabama Workmen’s Compensation Self-Insurers Guaranty Association.
• Creation; purpose; powers.
• Membership requirements.
• Board of directors; eligibility; length of term; vacancies; reimbursement; registered agent.
• Bylaws.
• Annual assessments for administration of association.
• Insolvency fund.
• Association subject to examination and regulation by Department of Industrial Relations.
• Assessments deductible as business expenses.
• Article 10 Insurance with Optional Deductibles.
• Certain employers authorized to purchase insurance with optional deductibles.
• Optional deductibles to be offered in policy; exception.
• Premium reduction to be determined before application of experience modification, premium surcharge, etc.
• Applicability.
• Article 11 Ombudsman Program.
• Ombudsman program, creation; purpose; members; notification of service; benefit review conferences.
• Benefit review conferences.
• Resolution of disputes, settlement agreements; written reports; interlocutory orders; final determinations of liability.
• Duties of director; continuing education, accounting; recovery of expenses; advisory committees; legislative intent regarding reimbursements.
• Communications, etc. privileged; documentation; release of records or information; penalty for obtaining information under false pretenses.
• Article 12 Workers’ Compensation Medical Services Board.
• Definitions.
• Workers’ Compensation Medical Services Board; creation, members, functions.
• Powers and duties of the board.
• Schedule of maximum fees.
• Contracts for medical services at mutually agreed rates.
• Immunity from liability.
• Workers’ Compensation Administrative Trust Fund; creation; management; trustee and custodian; assessments; penalties.
• Assessment of pro rata share; disposition of unexpended balance.
• One-time discount to small employers.
• Article 13 Drug-free Workplace Program.
• Legislative intent.
• Definitions.
• Premium discount where drug-free workplace program implemented.
• Elements of program.
• Notice of testing; written policy statement.
• Types of tests; procedures for specimen collection and testing; laboratory; confirmation of tests.
• Employee assistance program or resource file of employee assistance providers.
• Semiannual education program; supervisor training.
• Construction of article.
• Confidentiality of information.
• Department of Industrial Relations to perform administrative duties for certification of employers.

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